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CHICAGO & N. W. R. CO. v. CHICAGO PACKAGED FUEL CO.

No. 10125.

183 F.2d 630 (1950)

CHICAGO & N. W. R. CO. v. CHICAGO PACKAGED FUEL CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 11, 1950.

Attorney(s) appearing for the Case

Lowell Hastings, Drennan J. Slater, Edgar Vanneman, Jr., all of Chicago, Ill., for appellant.

Joseph H. Hinshaw, Oswell G. Treadway, Chicago, Ill., for appellee.

Before KERNER, FINNEGAN, and SWAIM, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff appeals from an order granting defendant's motion to dismiss and dismissing its complaint for judgment under an indemnity agreement on the ground that the complaint did not state a claim on which relief could be granted for the reason that the liability against which indemnity was demanded was caused solely by plaintiff's negligence which was not covered by the contract on which the claim was based.

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